S.Amdt. 4385

SA 4385. Mr. VAN HOLLEN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. CONSIDERATION OF HUMAN RIGHTS RECORDS OF
RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.

Section 127e of title 10, United States Code, is amended--
(1) in subsection (c)(2) by adding at the end of the
following new subparagraph--
``(D) The processes through which the Secretary shall, in
consultation with the Secretary of State, ensure that prior
to a decision to provide any support to foreign forces,
irregular forces, groups, or individuals full consideration
is given to any credible information available to the
Department of State relating to violations of human rights by
such entities.''.
(2) in subsection (d)(2)--
(A) in subparagraph (H), by inserting ``, including the
promotion of good governance and rule of law and the
protection of civilians and human rights'' before the period
at the end;
(B) in subparagraph (I), by striking the period at the end
and inserting ``or violations of the Geneva Conventions of
1949, including--
``(i) with respect to any unit that receives such support,
vetting the unit for violations of human rights;
``(ii) providing human rights training to units receiving
such support; and
``(iii) providing for the investigation of allegations of
violations of human rights and termination of such support in
cases of credible information of such violations.''; and
(C) by adding at the end the following new subparagraph:
``(J) A description of the human rights record of the
recipient, including for purposes of section 362 of this
title, and any relevant attempts by such recipient to remedy
such record.'';
(3) in subsection (i)(3) by adding at the end the following
new subparagraph:
``(I) An assessment of how support provided under this
section advances United States national security priorities
and aligns with other United States Government efforts to
address underlying risk factors of terrorism and violent
extremism.''; and
(4) by adding at the end the following new subsection:
``(j) Prohibition on Use of Funds.--(1) Except as provided
in paragraphs (2) and (3), no funds may be used to provide
support to any foreign forces, irregular forces, groups, or
individuals if the Secretary of Defense has credible
information that the unit has committed a gross violation of
human rights.
``(2) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition under paragraph
(1) if the Secretary determines that the waiver is required
by extraordinary circumstances.
``(3) The prohibition under paragraph (1) shall not apply
with respect to the foreign forces, irregular forces, groups,
or individuals of a country if the Secretary of Defense,
after consultation with the Secretary of State, determines
that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in disaster relief
operations or other humanitarian or national security
emergencies.''.
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